Jennifer Daskal

Biography: 

Jennifer Daskal is an associate professor of law at American University's Washington College of Law, currently on leave while working as an Open Society Institute Fellow on issues related to privacy and the cross-border flow of data.  From 2009−2011, Daskal was counsel to the assistant attorney general for national security at the Department of Justice.

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Recent Commentary

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International Spillover Effects

by Jennifer Daskalvia Aegis Paper Series
Monday, December 12, 2016

As the encryption debate continues, proponents on both sides decry the negative international side effects of the policies they oppose.  This essay analyzes the claims, examining the potential effects of the specific policies being pursued.  It ultimately concludes that even the “no new regulation” approach has potentially significant spillover effects.  These effects are bidirectional and dynamic: US policies and practices have a spillover effect internationally; but the policies and practices of foreign actors also influence the effectiveness of any decryption policy, and thus the scope and distribution of any such effect.  This highlights the need for centralized, executive-level review of sought-after decryption orders, so as to better account for the potential effects.

Analysis and Commentary

The Intellectual—But Not Political—AUMF Consensus

by Jennifer Daskal, Benjamin Wittesvia Lawfare
Monday, March 2, 2015

A real consensus is developing on the contours of an appropriate AUMF—at least among academics and other commentators.